Dan Brown, Corporate, Health Care Attorney

Daniel B. Brown

Partner
dbrown@taylorenglish.com
678.426.4613
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Surrounding myself with a talented group of self-motivated, extremely knowledgeable and experienced attorneys who focus on their clients’ goals without unnecessary overhead – that’s why I chose to practice at Taylor English. 

Dan Brown is an accomplished corporate and health care attorney who regularly advises clients on transactions and the legal and regulatory aspects associated with the operation and sale of health care businesses.

An experienced corporate lawyer, Mr. Brown advises physician practices, diagnostic facilities, sleep centers, DME suppliers and other health care providers in mergers, asset acquisitions and joint ventures. He regularly assists clients on structuring health care business operations and maintaining regulatory compliance. He is a frequent speaker and author on the legal aspects of sleep medicine, home medical equipment and other health law matters.

Mr. Brown is treasurer and a member of the Executive Committee of the National Sleep Foundation in Washington, DC.

Mr. Brown authored the chapter "Legal Implications of Sleep Apnea" as part of the treatise "Obstructive Sleep Apnea: Diagnosis and Treatment," edited by Dr. Clete Kushida of the Stanford University School of Medicine. Mr. Brown is also on the faculty of the Atlanta School of Sleep Medicine & Technology, where he lectures on the legal aspects of sleep medicine and sleep lab operations.

In 2004, Mr. Brown published "Sleep Lab Compliance and the Law," a multivolume publication addressing the licensing, staffing and joint venturing of sleep labs and the dispensing of continuous positive airway pressure (CPAP) and other medical device therapies. He is a member of the Editorial Advisory Board and a frequent contributor to Sleep Review magazine.

Memberships

National Sleep Foundation, Director and Treasurer, 2009-2017

American Academy of Sleep Medicine, Member

American Health Lawyers Association, Member

Sleep Review magazine, Editorial Advisory Board

The Atlanta School of Sleep Medicine & Technology, Faculty

Georgia State Bar, Health Law Section

Practice Highlights

Experience

  • Defense of administrative sanction facing compound pharmacy

    Represented a Texas compounding pharmacy before state regulators seeking onerous financial penalties. Negotiated a settlement with regulators for a penalty one-tenth of the amount originally assessed.

  • Mergers and acquisitions of medical equipment supplier

    Represented a holding company’s roll-up of eight durable medical equipment suppliers into a highly respected and profitable multi-state medical equipment brand. Advised the enterprise on regulatory and operational matters during its lifetime and represented the client in the sale of its business to a national medical equipment supplier for a healthy multiple, helping our clients to achieve their exit strategy goal in less than seven years.

  • Regulatory advocacy for regional sleep lab and sleep therapy equipment suppliers

    In 2008 Medicare published for comment the proposed “Affiliation Rule” which would prohibit all affiliations among Medicare providers of sleep tests with the Medicare supplier of CPAP therapy. A consortium of regional sleep lab and sleep therapy equipment suppliers asked for leadership in seeking redress from the proposed to rule. We gave structure to the consortium, prepared written comments and met with the Medicare policy chiefs tasked with ...

  • Sale of physician practices to hospital systems

    Represented physician, physician practices and owners of diagnostic testing facilities in the sale of their business to hospital systems.

  • Development of a regional telemedicine multi-specialty practice

    Advised physician practice in the development and regulatory requirements for establishing a rural multi-specialty and diagnostic testing practice.

  • Medicare appeals for sleep labs chain

    Successfully challenged Medicare’s demand for overpayment against a chain of Louisiana sleep labs.

Newsroom

Speaking Engagements

  • “Whistleblowers and Other Landmines: Steps to Protect Yourself,” 2017 Medtrade Conference
    October 25, 2017
  • “Modern Perspectives on Buying and Selling DME Suppliers,” 2017 Medtrade Conference
    October 25, 2017
  • "Responding to a Breach," NueMD HIPAA Webinar Series
    April 28, 2016
  • "Tips for Preventing a Breach," NueMD HIPAA Webinar Series
    April 21, 2016
  • "Achieving Compliance: Updating Your Plan and Training Your Staff," NueMD HIPAA Webinar Series
    March 17, 2016
  • "Achieving Compliance: How to Prepare for an Audit," NueMD HIPAA Webinar Series
    March 3, 2016
  • "Transportation and Other Safety-Sensitive Industries," Medtrade Conference
    October 28, 2015
  • "Faculty," Atlanta School of Sleep Medicine & Technology
    2007-present
  • "Legal Aspects of Sleep Medicine," Stanford Medical School Sleep Medicine Fellows Didactics Program
    March 6, 2015
  • "Steps to HIPAA Compliance: Forming a Plan," Webinar
    February 5, 2015
  • "Legal Hurdles in Establishing Dental Sleep Medicine Models," American Academy of Dental Sleep Medicine
    October 19, 2014
  • "Regulatory Updates in Sleep Medicine – California," California Sleep Society
    October 11, 2014
  • "Regulatory Updates in Sleep Medicine," Louisiana Academy of Sleep Medicine
    October 10, 2014
  • "Legal Aspects of Owning and Operating a Dental Sleep Medicine Program," Academy of Clinical Sleep Disorders Disciplines
    September 20, 2014
  • "Regulatory Update in Sleep Medicine," Georgia Association of Sleep Professionals
    April 26, 2014
  • "2013-2014 Legal Update: Third Party Contracting & DME," The Business of Sleep
    October 30, 2013
  • "Sleep Services Mergers, Acquisitions & Management Contracting," The Business of Sleep
    October 30, 2013
  • "Legal Considerations, Advances in Sleep Technology: Developing and Implementing a Sleep DME Practice," American Academy of Sleep Technology
    October 26, 2013
  • "Narcolepsy and Disability Law," Narcolepsy Network’s 28th Annual Conference
    October 19, 2013
  • "Legal and Regulatory Aspects of DME Joint Ventures with Hospitals and Health Care Systems," Medtrade (International Home Medical Equipment Trade Show)
    October 8, 2013
  • "Coordinating PAP Therapy with Sleep Testing in the Age of Competitive Bidding and Home Tests," Georgia Association of Medical Equipment Suppliers
    August 26, 2013
  • "Dispensing PAP – Legal Update," Northwest Ohio-Southeast Michigan Sleep Society
    May 3, 2013
  • "Sleep Medicine – 2013 Legal Update," Georgia Association of Sleep Professionals
    April 20, 2013
  • "Wedding DME to Sleep Testing," Medgroup Webinar
    March 21, 2013
  • "CPAP Clinic: Regulatory and Legal Update on Co-Locating PAP in Sleep Labs and Re-Supply Business," Medtrade
    March 20, 2013
  • "Embracing the Business of Sleep: Legal Aspects of Performing and Billing Sleep DME in 2012," Medtrade
    October 15, 2012
  • "2012 Legal Review," Georgia Association of Sleep Professionals
    April 28, 2012
  • "Legal Obligations of Non-Physician Practitioners in Sleep Medicine," The Atlanta School of Sleep Medicine & Technology
    March 2012
  • "Recap of Georgia Respiratory Therapy Rules for PAP Set-Up in the Home," Georgia Association of Medical Equipment Suppliers
    January 2012
  • "Legal Aspects of Performing and Billing Sleep Services," World Health Care Conference Leadership Summit
    October 19, 2011
  • "Medicare: How to Step In It and Take Reimbursement Out of It," California Sleep Society
    October 2, 2011
  • "Weighing the Puzzle Pieces: Sleep Medicine Delivery in the Physician Office, IDTF and the Hospital Settings," American Academy of Sleep Medicine Business of Sleep Medicine Conference
    February 2011
  • "2009 Regulatory and Reimbursement Update," Georgia Association of Sleep Professionals Annual Meeting
    October 2010
  • "Walking the Tightrope Together: Structuring and Valuing Hospital-Physician Ventures," Medical Group Management Association 2010 Annual Meeting
    October 2010
  • "Buckle Up, Legal Turbulence Ahead," MED Group Respiratory Leadership Summit
    April 2010
  • "Law of the Land and Sleep Medicine," Georgia Association of Sleep Professionals Annual Meeting
    March 2010
  • "Legal Aspects of Sleep Medicine for Nurse Practitioners and Physician Assistants," The Atlanta School of Sleep Medicine & Technology
    October 2009
  • "Reimbursement Update," ResMed Key Opinion Leaders
    June 2009
  • "Legal Aspects of Sleep Therapy – 2009 Update," Fisher Paykel Key Opinion Leaders Summit
    May 2009
  • "Legal Update 2009," National Sleep Foundation Sleep Care Leadership Summit
    March 2009
  • "2009 Legal Update – Sleep Lab Operations," Sleep Center Management Institute Seminar
    January 2009
  • "Enforcement of HIPAA Privacy Rules Seminar," Lorman Education Services
    January 2009
  • "Legal Aspects of Sleep Services and Sleep Therapy," The Atlanta School of Sleep Medicine & Technology
    November 2005-2008, January and October 2004
  • "Legal Aspects of Sleep Services," Kentucky Sleep Society
    November 2005-2008
  • "The Dozen Details for Selling your Sleep Lab," Sleep Center Management Institute Seminar
    April 2008
  • "Legal Aspects of Sleep Therapy 2008," ResMed Inc. Key Opinion Leaders Summit
    March 2008

Publications

  • "For Sale – Your Sleep Lab?" Sleep Review, January-February 2008
  • Contributor, "The Quest For Interoperable Electronic Health Records: A Guide To Legal Issues In Establishing Health Information Networks," American Health Lawyers Association, July 2005
  • "Tracking Legal Trends in Sleep Services Delivery in 2013," Sleep Review, January-February 2013
  • "Home Testing Demystification," Sleep Review, March 2010
  • "Patient Direct Home Testing," Sleep Review, April 2013
  • "Ratting on the Competition," Fraud and Abuse Review, Sleep Review, May-June 2006
  • "Size Matters: Antitrust Warning Signs In Anesthesia Group and Pain Group Mergers," Communique, Winter 2011
  • "Sleep Medicine Practice Adaptations," with Dr. Marc Raphaelson, FAAN, FAASM, Neurology® Clinical Practice, 4, 1, (February 2014): 63
  • "Building a Niche – Growth Opportunities in Sleep Medicine," Sleep Review, June 2011
  • "Legal Implications of Sleep Apnea," Obstructive Sleep Apnea: Diagnosis and Treatment, Kushida, Clete (ed.), Informa Healthcare, 2007
  • "When the Payor Takes Control – Sleep Medicine in 2012," Sleep Review, January-February 2012
  • "Professional Liability in Sleep Medicine," Sleep Review, June 2005
  • "Reimbursement, RACs, and Risks," Sleep Review, June 2009
  • "The Price of Quality Assurance," Advance for Managers in Respiratory Care, April 2006
  • "Legal Aspects of Sleep-Related Breathing Disorders," Brown D.B. In: Kushida, Clete (ed.), The Encyclopedia of Sleep, vol. 3, Academic Press, (2013): pp. 576-579
  • Contributing Author, "2010 Health Care Reform Resource Guide," "Fraud and Abuse Under the Health Reform Act," American Health Lawyers Association, June 2010
  • "Answers to Questionable PSG Billing Report Released by the OIG," Sleep Review, October 2013
  • "Nine Legal Issues to Consider When Setting Up a Freelance Scoring Service," Sleep Review, January-February 2007
  • "Steering Sleep into the Next Decade," Sleep Review, March 2011
  • "Sleep Lab Compliance and the Law," Sleep Center Management Institute, 2004; Rev. 6th Ed. 2009
  • "Sleep Telemedicine Legal Tips and Traps," Sleep Review, September 30, 2014
  • "Taking a Bite into Oral Appliance Therapy," Sleep Review, July-August 2011
  • "Staying on Top of Reimbursement," Advance for Managers in Respiratory Care, January 2005
  • "Trends in Medicare Reimbursement," Sleep Review
    September 2004

Education

The University of Tennessee College of Law, JD, with honors, 1984

Vanderbilt University, BA, cum laude, 1980

Santa Clara University School of Law, The University of Tokyo Summer Law Program, 1982

Bar Admissions

Georgia

Tennessee

Accolades

AV® Preeminent™ Peer Review Rated by Martindale-Hubbell

Georgia Trend's Legal Elite, Healthcare Law, 2018 - 2020

ALM and Martindale-Hubbell, Georgia Top Rated Lawyers in Health Law, 2013-2014

Recognized in “Dealmakers,” Atlanta Business Chronicle, 2009